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Gujarat High Court
Mohammad Javed Bismillah Khan Thakor vs State Of Gujarat on 21 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/SCR.A/7117/2026 ORDER DATED: 21/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7117 of
2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 7123 of 2026
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MOHAMMAD JAVED BISMILLAH KHAN THAKOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR ROHAN N SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 21/05/2026
COMMON ORAL ORDER
1. By way of this application, the petitioner is seeking
parole leave on the ground that he wants to appear in
the LL.B. Semester-6 examination, which is commencing
from 21.05.2026 to 26.05.2026.
2. The jail remarks indicate that the petitioner had
remained absconding for a period of 409 days when he
was earlier granted parole leave for a period of 11 days
from 31.05.2023 to 10.06.2023. The petitioner was
arrested by the police on 23.07.2024 after remaining
absconding for 409 days.
NEUTRAL CITATION
R/SCR.A/7117/2026 ORDER DATED: 21/05/2026
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3. Once again, in the year 2025, the petitioner preferred an
application for parole leave and was granted parole
leave for a period of 36 days for the treatment of his wife
from 20.09.2025 to 24.10.2025. However, the petitioner
again remained absconding for a period of 103 days and
was arrested by the police on 04.06.2026 i.e. in the
present year itself.
4. Not only that, the record indicates that the petitioner
was granted temporary bail for periods of 25 days and 6
days in the month of March, 2025, and further for
periods of 25 days, 6 days and 21 days in March and
April, 2025, and at that time also, the petitioner
surrendered late by 6 days.
5. The above facts would indicate that whenever the
petitioner was granted temporary bail or parole leave,
the petitioner had formed a habit of remaining
absconding and, ultimately, on two occasions, the
petitioner was arrested by the police.
6. On one occasion, when the petitioner remained
absconding for 409 days, the reason given by the
petitioner for seeking parole was the same, i.e. to appear
NEUTRAL CITATION
R/SCR.A/7117/2026 ORDER DATED: 21/05/2026
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in the LL.B. examination. This time also, the petitioner is
seeking parole leave on the ground of appearing in the
LL.B. examination, but looking to the past conduct of the
petitioner, this Court does not see any reason to grant
parole leave to the petitioner, as the petitioner has
formed a habit of remaining absconding.
7. Despite the above conduct of the petitioner, the Court
was inclined to grant parole leave to the petitioner as
prayed for, but under police japta and on the condition
that the expenses were to be borne by the present
petitioner, for which Ms. Solanki, learned counsel for the
petitioner, was not inclined and she politely refused to
bear the expenses of police japta.
8. Accordingly, both these applications are required to be
dismissed and the same are dismissed.
(NIRZAR S. DESAI,J)
ROHAN SONI
